Outstanding Defense Verdict in a Medical Malpractice Case
reduction external fixation surgery on March 31. Pltf subsequently developed a MRSA infection and osteomyelitis in his left foot and decided to seek a second opinion elsewhere, ultimately leading to a Syme amputation of the foot on Sep- tember 13, 2017. Pltf continues to experience nerve pain, phantom limb pain, and other problems with his leg and prosthesis; he will likely need future revi- sion surgery for a transtibial amputation ($2,635,000 future medical/prosthet- ics expenses). Pltfs contended Dr. Leutkemeyer breached the standard of care by failing to immediately re-operate after the CT scan, the re-dislocation was an orthopedic emergency which required immediate surgery for reduction and fixation of the ankle joint, deft negligently informed D’Souza that the ankle was subluxed - not dislocated, Dr. Leutkemeyer never saw pltf again after March 20, and pltf was never told about the postop CT scan until he sought the second opinion. Dr. D’Souza was voluntarily dismissed with leave to refile shortly before trial. The defense argued Dr. Leutkemeyer complied with the standard of care at all times, it was not the role of a trauma surgeon to personally follow an ICU patient daily, defts did follow his case through Leutkemeyer’s physician assis- tant and remotely accessible medical records, and it was not unusual to wait for an ankle surgery in order to allow swelling to decrease. The defense further asserted that circulation to the foot remained intact after the initial surgery, there was no evidence of infection while pltf was under defts’ care, the MRSA osteomyelitis was the cause of the amputation, and the crash injury was so severe that there was always the potential for loss of the foot. The jury deliber- ated approximately 13 hours over two days. Pltfs filed a post-trial motion for a new trial.
Randall A. Mead Randall A. Mead has practiced exclusively in the realm of tort litigation for the last 43 years, from his first job with Jerry Mirza through his founding of Drake, Narup & Mead, P.C., in 1989, to the present as he enjoys semi-retirement.. Randy earned his J.D. from Southern Illinois University School of Law in 1981. His practice emphasized professional negligence defense; insurance coverage litigation, including federal motor carrier insurance disputes; construction litigation and tort litigation in general.. Randy is a member of the Illinois State Bar Association and he also currently serves as an adjunct associate professor of Medical Humanities at the SIU School of Medicine. He is an affiliate attorney for the Alliance Defending Freedom. He served the Illinois Supreme Court Committee on Jury Instructions, Civil from 1995-2004) and was a member of the Board of Directors of the Lawyers’ Trust Fund of Illinois (1987-1993).
Drake, Narup & Mead, P.C. Founded in 1989, Drake, Narup & Mead’s physical office is located at 107 East Allen Street, Springfield, Illinois. Our lawyers include founding member Randall Mead, Chris Biswell, Jeff Cocagne and Jason Schutte, who is also licensed in Missouri. We prac- tice throughout the State of Illinois, Missouri, and all of the Illinois fed- eral district courts and the Seventh Circuit. Our areas of work include large-loss claims in professional negligence, both medical and legal; de- fense and plaintiff’s personal injury claims; insurance coverage disputes, including motor carrier insurance disputes; subrogation; construction litigation and family law.
28 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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